Becoming a U.S. citizen is a dream for many immigrants. The journey to citizenship involves meeting specific conditions and demonstrating good moral character. However, having a criminal record can complicate this process.
The naturalization process
To apply for U.S. citizenship, you must first qualify for naturalization. This typically means you have been a permanent resident for at least five years or three years if married to a U.S. citizen. Alternatively, serving in the U.S. Armed Forces can also make you eligible.
Besides these qualifications, you must demonstrate good moral character, knowledge of U.S. history and government and proficiency in English. These requirements ensure that new citizens are well-prepared to participate in American society.
The impact of a criminal record
A criminal record can significantly affect your citizenship application. U.S. Citizenship and Immigration Services (USCIS) requires applicants to show good moral character. Crimes that raise concerns about your character can be:
- Drug possession
- Shoplifting
- Minor assaults
- Domestic violence
Even if these offenses do not automatically bar you from citizenship, they can lead USCIS to deny your application if they suggest a lack of moral character. It depends, among other things, of the time it has been since you were arrested or convicted.
Certain crimes result in permanent bars to citizenship. If you have been convicted of murder or an aggravated felony, you cannot become a U.S. citizen. Aggravated felonies include serious crimes like drug trafficking and weapons trafficking, but they can also include less severe offenses under immigration law.
Seeking legal help
Navigating the complexities of immigration law can be challenging, especially if you have a criminal record. Seeking legal assistance is advisable. Immigration attorneys can help you understand how your criminal history affects your eligibility for citizenship. They can also assist you in presenting your case in the best possible light, emphasizing any positive actions you have taken since your conviction.
While a criminal record can complicate your path to U.S. citizenship, it does not necessarily end your journey. Understanding the impact of your criminal history and seeking legal advice can help you navigate the naturalization process more effectively.
